Zammit Borda - Comparative Law.pdf (871.23 kB)
Comparative law and the ad hoc Tribunals: the dangers of a narrow inquiry
journal contribution
posted on 2023-07-26, 13:30 authored by Aldo Zammit BordaThis article focuses on the distinctions that the ad hoc Tribunals have drawn between the comparative law method and the review of evidence for clarifying customary international law and general principles of law. It outlines the dangers in the readiness of some international judges to accept narrow inquiries, which at best attach special weight and at worst restrict the scope of inquiry to a single, specific legal system. The readiness of some international judges to simply elevate legal rules and concepts with which they are familiar from their own legal education and practice to the level of universal truths may imply a failure to understand the other legal traditions on offer. The article concludes by showing that, unless the dangers inherent in the readiness to accept narrow inquiries are clearly emphasized, the achievement of an international criminal justice that is truly tolerant of plurality is a long way off.
History
Refereed
- Yes
Volume
40Issue number
1-2Page range
22-38Publication title
International Journal of Legal InformationISSN
2331-4117External DOI
Publisher
Cambridge University PressFile version
- Published version
Language
- eng
Official URL
Legacy posted date
2013-12-23Legacy creation date
2019-08-06Legacy Faculty/School/Department
ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)Usage metrics
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